Cal. Code Regs. Tit. 9, § 9836 - Administrative Review of Licensing Actions
(a) Applicants for licensure and licensees
may appeal a notice of licensing actions by forwarding a written request for
review to the Director, Department of Alcohol and Drug Programs, 1700 K Street,
Sacramento, CA 95811. As used in this regulation, "licensing action" means
denial of an application, denial of a request for renewal of licensure, denial
of a request to open a satellite location, assessment of a civil penalty, or
suspension or revocation of licensure.
(b) The written request for review shall be
postmarked within 15 working days of receipt of the written notice of licensing
action. The written request for review shall:
(1) Identify the statute(s) or regulation(s)
at issue and the legal basis for the licensee's appeal;
(2) State the facts supporting the licensee's
position; and
(3) State whether the
applicant for licensure or licensee waives an informal conference and prefers
to proceed directly with an administrative hearing pursuant to Chapter 5
(commencing with Section 11500) of Part 1, Division 3, Title 2 of the
Government Code.
(c)
Failure to submit the written request for review, pursuant to Subsection (b) of
this regulation, shall be deemed a waiver of administrative review and the
action shall be deemed final.
(d)
The Director or the Director's designee shall schedule an informal conference
with the licensee, unless the Director or the Director's designee and the
licensee agree to settle the matter based upon the information submitted with
the request for review. The informal conference shall be scheduled within 15
working days and held within 45 working days of receipt of the request for
review.
(e) Failure to schedule the
informal conference within 15 working days or hold the informal conference
within 45 working days of the receipt of the request shall be deemed a
withdrawal of the licensing action by the Department unless the licensee:
(1) Fails to attend the conference as
scheduled, in which case the appeal shall be considered withdrawn and the
action shall be deemed final;
(2)
Waives the 15 or 45 working day requirement; or
(3) Waives informal
conference.
(f) The
licensee shall have the following rights at the informal conference:
(1) The right to be represented by legal
counsel.
(2) The right to present
oral and written evidence.
(3) The
right to explain any mitigating circumstances.
(g) The representatives of the Department who
issued the notice of licensing action shall attend the informal conference and
present evidence and information, oral or written, in substantiation of the
alleged violation.
(h) The
conference shall be conducted as an informal proceeding, and shall not be
conducted in the manner of a judicial hearing under the Administrative
Procedure Act [Chapter 5 (commencing with Section 11500), Part 1, Division 3,
Title 2 of the Government Code], and need not be conducted according to the
technical rules relating to evidence and witnesses.
(i) Neither the licensee nor the Department
shall have the right to subpoena any witness to attend the informal conference.
However, both the licensee and the Department may present any witness to
present evidence and information on its behalf at the conference.
(j) The proceedings at the informal
conference may be recorded by either party on audio tape.
(k) The decision to affirm, modify, or
dismiss the notice of licensing action shall be mailed by the Director or the
Director's designee to the licensee, postmarked no later than 10 working days
from the date of the informal conference. The decision shall state with
particularity the reason for affirming, modifying, or dismissing the notice of
licensing action. A copy of the decision shall be transmitted to each party of
the appeal.
(l) If the licensing
action, discussed at the informal conference, was assessed for failure to
correct a Class A violation, the decision made at the informal conference shall
be deemed final and not subject to further review.
(m) If the licensing action is not a Class A
violation the decision from the informal conference shall include a statement
from the Director or the Director's designee notifying the licensee of the
right of further administrative appeal to the decision made at the informal
conference. A hearing may be requested in accordance with Chapter 5 (commencing
with Section 11500) Part 1, Division 3, Title 2 of the Government Code.
(1) The licensee may appeal the decision made
at the informal conference or waive the informal conference and proceed
directly to administrative hearing by submitting a written request to the
Director of the Department of Alcohol and Drug Programs, 1700 K Street,
Sacramento, CA 95811, postmarked no later than 15 working days from the date of
receipt by the applicant for licensure or licensee of the informal conference
decision or the notice of licensing action, as appropriate. Upon receipt of the
request for appeal, the Department shall initiate administrative review and
request that the matter be set for hearing. The Department shall notify the
licensee of the time and place of the hearing.
(2) Failure of the licensee to timely submit
the written request for an administrative hearing shall be deemed a waiver of
further administrative review and the decision of the Director or the
Director's designee shall be deemed the final decision of the
Department.
(3) In the event the
licensee appeals the Department's proposed assessment of civil penalties,
collection of the civil penalties shall be subject to the outcome of the final
administrative appeal.
(4) A
licensing action shall be deemed final if:
(A)
The licensee fails to appeal the licensing action in a timely manner, pursuant
to Subsections (c) and (m)(2) of this regulation; or
(B) A final determination is made in
accordance with this regulation or, if applicable, with Section
11517 of
the Government Code.
(5)
After deemed final, the civil penalty shall be paid to the Department within 60
days of receipt of the notice of final adjudication. Failure to pay the civil
penalty within 60 days of receipt of the notice of final adjudication shall
result in automatic termination of the license.
Notes
2. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
3. Amendment of subsections (a), (b), (b)(3), (d)-(e)(2), (m)(1) and (m)(5) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).
Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36, 11834.37, 11834.45 and 11834.50, Health and Safety Code; and Chapter 5 (commencing with Section 11500), Part 1, Division 3, of Title 2, Government Code.
2. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
3. Amendment of subsections (a), (b), (b)(3), (d)-(e)(2), (m)(1) and (m)(5) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).
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